Facts about the Gun Crime Law

FROM SENATOR MIKE MANSFIELD
FACTS ABOUT THE GUN CRIME LAW
What is it?
1. To help combat crime and vio~ence, the 1968 Gun Crime Lav (supported
by the FBI and the National Association of the Chiefs of Police)
replaced and updated gun laws that had been on the books for more than
30 years; it actually took out registration features, imposed mail
order restrictions and encouraged more effective state and local gun­crime
measures.
LPrior to 1968, state and local gun laws were easily avoided
through mail order purchases or by shopping in states or places
nearby where there were no gun restrictions~
Who's covered?
2. The 1968 Gun Crime Law precludes gun sales only to mental incompetents.,
felons, minors, fugitives, and individuals considered dangerous.
/fully protected is the right of the law-abiding gun owner to
purchase and use any gun, to shoot and to hunt and to teach
his children and others proper weapons handling.J'
Is it Constitutional?
3· Each time the issue has been tested in the past 30 years., the Supreme
Court has ruled that reasonable efforts to keep guns out of the hands
of the criminal, the lawless and other misfits do not violate the
Second Amendment to the Constitution.
What does it not do?
4. (a) It does not confiscate weapons.
(b) It does not compile or make gun owner lists available.
(It should be pointed out that member lists co~led by gun
organizations are not made available.)
(c) It does not preclude the law-abiding gun owner from purchasing
or using weapons.
(d) It does not prevent young people (under 18) from shooting., hunting
and learning proper weapons handling.
(e) It does ~ cost gun purchasers one cent.
Mike Mansfield Papers, Series 21, Box 51, Folder 20, Mansfield Library, University of Montana
1. The Gun
back in
Since 1938, when the Federal Firearms Act was enacted, Federal licenses
have been required for all gun and ammunition dealers. The 1938 law also
required the registration of guns and ammunition as the Secretary ot' the
Treasury directed. Federal orders issued under the 1938 law contained well
over 100 detailed re uirements, covering the sale of guns and ammunitio-n--­including
l a full and adequate description of each firearm; (2) the
manufacturer; (3) the manufacturer's serial number; (4) the caliber of gauge;
(5) the model and type; (6) the name and address of each person from whom
received, together with (7) the date of acquisition; (8) the disposition made
including (9) the name and address of the person to whom sold and (10) the
date of disposition. Violators of the 1938 law could be jailed for 5 years and
fined $2,000.
An even earlier Federal gun control law was the National Firearms Act of
1934. It imposed, among other things, registration and licensing restrictions
on persons possessing sawed-off shotguns or rifles, machine guns, gun mufflers,
or gun silencers.
So to repeat, the 1934 and 1938 laws were replaced and updated by the law
passed in 1968. In fact, the 1968 law removed some of the registration features
in favor of mail order bans and emphasized more effective action at the State
and local levels.
2 . The Mansfield-Bennett Amendment struck down an ammunition regulation never
intended by Congress.
(A) In its application of the so-called ammunition prov1s1on, the
Treasury Department called for the collection of a great deal of specific
data covering each sale of ammunition. This was tantamount to registration
and was neither intended nor suggested by Congress. As a result, the law­abiding
gun-owning public was burdened immensely in efforts to purchase
ammunition . There was little or no correspond i ng benefit. The Mansfield­Bennett
Amendment repealed this provision for long gun and shotgun ammunition.
Such action should be taken whenever the intent of Congress is not being served
or when the law appears not to meet the objectives sought.
(B) The McGee-Mansfield Amendment to cover twenty-two ammunition and
ammunition for other revolvers and pistols has been introduced and co-sponsored
by twenty-nine other Senators to seek to do the same in this area as the
Mansfield-Bennett Amendment did in the long gun - shotgun area. It is our
hope that, like the Mansfield-Bennett Amendment, the McGee-Mansfield Amendment
will be passed by the Congress this year and enacted into law.
3· The Mansfield mandatory jail sentence bill is another tool in the fight against
crime and violence.
Almost three-fourths of the Senate supported the 196 8 gun law revisions
to help fight against crime and violence. The Mansfield gun bill is another
vital crime-fighting tool and, if enacted, will impose mandatory prison sentences
against those who commit crimes using a gun. This mandatory sentence would be
imposed separately and solely against the criminal for his choice to use a gun.
This bill - s. 849 - has already passed the Senate unanimously.
Mike Mansfield Papers, Series 21, Box 51, Folder 20, Mansfield Library, University of Montana
4. These gun laws have been uphel d under t he Seconi Amendment to the Constitution.
The Second Amendment says, "A well regulated Militia, being necessary to
the security of a free State , t he right to bear arms, shall not be infringed."
As read by t he Courts t his Amendment bars the Federal government from disarming
l aw-abiding citizens who wish to purchase and use ordinary weapons in order to
shoot and to hunt, to protect themselves and others and to protect their
property and the property of others.
But the Second Amendment does not say---and the Courts have so read it--­that
the Federal government and even State governments cannot impose reasonable
requir ements in an effort t o keep guns out of the hands of the lawless, the
criminal, the i nsane, t he addi ct, and so forth. That is wnat the government--­Federal,
St ate and local---has been striving to do since at least 1934. It is
the same for those who own cars, and other instrumentalities that---if not
properly used or cared for---can cause harm.
5· Guns cannot think; but t he people who use them can.
And, unfortunately, some people in some parts of this Nation simply do not
have t he training and supervision---so commonplace in Montana---that enable
t hem to think prudently when given a gun. It was the easy access afforded t o
these unthinking and untrained people that was sought to be limited by updating
in 1968 laws t hat had first bee~ enacted in the 1930's . The changes made by
the Congress in 1968 do attempt to meet this problem of easy access and do so
with generally little sacrifice on the part of the responsible gun owner; no
more, say, than what is asked of the responsible automobile driver . Those
changes halt mail-order traffic; t hey provide t hat drug addicts, incompetents,
the l a\vle s s , t he insane be barred along with criminals from gun ownership and
they i nsure that State and local laws be made enforceable. These changes were
all endorsed by the Federal Bureau of Investigation and the National Police
Chief Association.
6. \·fnat about the ar gument: "Guns kill---people don't?"
I People using guns do kill---and rob and maim and assault. These are
unthinking misfits who don't deserve any rights when seeking to obtain weapons.
They should not be permitted access to guns . The 1968 law is aimed solely at
them.
(People using guns in 1968 alone committed 99,000 robberies, 65,000
assaults and 9,000 murders.)
1· The proper funct ion of the Gun Crime Law.
The proper function of the gun control legislation should be to cope with
crime and violence while not treading on the rights of those legitimately using
guns. This was the intent of Congress in passing the Gun Control Act of 1968.
I believe in a continuous review of this Act and all other gun laws and for the
el i mination of t hose portions of this legislation which prove only an annoyance
to decent citizens, and are not useful weapons against crime. Already, Congress
has been able to eliminate certain portions of the Act which were shown as
ineff ective deterrents to crime; as, for example, the Bennett-Mansfield Amendment
for repeal of the ammunition section of the 1968 Gun Crime Law for long guns and
shotguns and, hopefully, the McGee-Mansfield Amendment which, if adopted, will
r epeal the ammunition provisions for .22 caliber.
Mike Mansfield Papers, Series 21, Box 51, Folder 20, Mansfield Library, University of Montana
MANSFIELD FIGHTS CRIME, FILTH AND VIOLENCE
Among the gravest issues facing our nation are the r~s~ng levels
of crime, violence and pornography. They affect critically all sectors
of society and ravage principally those who visit and reside in our densely
populated metropolitan areas . These are national problems. All citizens
in every corner of the nation must join the fight . To combat crime, curb
violence and bring an end to the filth that is allowed into our homes will
take the most dedicated efforts .
For his part in this fight, Senator Mansfield has endeavored to
assi st in three ways: First, he has himself authored or principally sponsored
bold and imaginative crime-fighting and anti-obscenity proposals; secondly,
with his vote, he has supported every major anti-crime and anti-pornography bill
to come before the Senate, and, finally, as the Majority Leader of the Senate,
he has helped to assure already Sen~te passage of nearly all major crime and
pornography measures pending in the Congress .
MANSFIELD ANTI -CRIME AND PORNOGRAPHY PROPOSALS
1. Mandatory Sentences for Gun Crimes . The Mansfield Mandatory sentence
bill would deter the use of weapons by t he criminal. It would impose
mandatory jail sentences for the criminals choice to use a gun in
committing his crime and the sentence would be served in addition to
t he term served for t he crime itself . This bill, s. 849, has passed
t he Sen~te unanimously . The crime law planned for the District of
Columbia has also adopt ed the Mansfield Mandatory Sentence approach .
2. The Hruska-Mansfield Prison Reform Measure (s. 2875) calls for a major
overhaul of our penal institutions to convert them from graduate schools
for crime and violence to institutions where criminals can be truly
rehabilitated .
3. The Hansfi e l d Anti-Pornography Proposal ( S. 3220) would compel mailers
of obscenity to warn addressees of the potential pornographic nature
of t he enclosures. Recipients could return t he offensive material and
t he sender would be penalized. Hearings on this Mansfield bill are
scheduled before the Senate Post Office Committee.
Mike Mansfield Papers, Series 21, Box 51, Folder 20, Mansfield Library, University of Montana
THE SENATE 'S ANTI -CRIME AND PORNOGRAPHY RECORD UNDER 'lliE LEADERSHIP OF
SENATOR MANSFIELD includes the following achievements:
1968 Gun Crime Law - updated and replaced 30-year-old gun laws in an
effort to keep guns out of the hands of the lawless, the criminal, the
addict, the untrained and the incompetent;
Omnibus Crime Control and Safe Streets Act of 1968 - established broad
new programs of law enforcement assistance at all levels of government;
Commission on Noxious and Obscene Materials (P.L. 90-100) - created to
initiate new and effective controls over pornography;
Goldwater-Mansfield Anti-Obscene Mail Amendment - to the Postal Reform
Act (H.R. 17923);
Organized Crime Control (s. 30);
Drug Bill (s. 2637, s. 3246);
District of Columbia Court Reorganization (S. 2601);
Public Defender, District of Columbia (s. 2602);
Criminal Law Revision, District of Columbia (s. 2869);
Juvenile Code, Revision (s. 2981);
Omnibus Judgeship Bill (s. 952);
Federal Immunity of vlitnesses (S. 2122);
Sources of Evidence (s. 2292);
Corrupt Organizations Act (s. 1861);
Criminal Justice Act Amendments (s. 1461).
As these measures take hold, only time will tell the extent to which they
help to stem or even reverse the crime rate. In any event, proposals to fight
crime, to curb violence and to put the lid on filth and obscenity will continue
to be foremost on the Mansfield agenda.
Mike Mansfield Papers, Series 21, Box 51, Folder 20, Mansfield Library, University of Montana

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Transcript

FROM SENATOR MIKE MANSFIELD
FACTS ABOUT THE GUN CRIME LAW
What is it?
1. To help combat crime and vio~ence, the 1968 Gun Crime Lav (supported
by the FBI and the National Association of the Chiefs of Police)
replaced and updated gun laws that had been on the books for more than
30 years; it actually took out registration features, imposed mail
order restrictions and encouraged more effective state and local gun­crime
measures.
LPrior to 1968, state and local gun laws were easily avoided
through mail order purchases or by shopping in states or places
nearby where there were no gun restrictions~
Who's covered?
2. The 1968 Gun Crime Law precludes gun sales only to mental incompetents.,
felons, minors, fugitives, and individuals considered dangerous.
/fully protected is the right of the law-abiding gun owner to
purchase and use any gun, to shoot and to hunt and to teach
his children and others proper weapons handling.J'
Is it Constitutional?
3· Each time the issue has been tested in the past 30 years., the Supreme
Court has ruled that reasonable efforts to keep guns out of the hands
of the criminal, the lawless and other misfits do not violate the
Second Amendment to the Constitution.
What does it not do?
4. (a) It does not confiscate weapons.
(b) It does not compile or make gun owner lists available.
(It should be pointed out that member lists co~led by gun
organizations are not made available.)
(c) It does not preclude the law-abiding gun owner from purchasing
or using weapons.
(d) It does not prevent young people (under 18) from shooting., hunting
and learning proper weapons handling.
(e) It does ~ cost gun purchasers one cent.
Mike Mansfield Papers, Series 21, Box 51, Folder 20, Mansfield Library, University of Montana
1. The Gun
back in
Since 1938, when the Federal Firearms Act was enacted, Federal licenses
have been required for all gun and ammunition dealers. The 1938 law also
required the registration of guns and ammunition as the Secretary ot' the
Treasury directed. Federal orders issued under the 1938 law contained well
over 100 detailed re uirements, covering the sale of guns and ammunitio-n--­including
l a full and adequate description of each firearm; (2) the
manufacturer; (3) the manufacturer's serial number; (4) the caliber of gauge;
(5) the model and type; (6) the name and address of each person from whom
received, together with (7) the date of acquisition; (8) the disposition made
including (9) the name and address of the person to whom sold and (10) the
date of disposition. Violators of the 1938 law could be jailed for 5 years and
fined $2,000.
An even earlier Federal gun control law was the National Firearms Act of
1934. It imposed, among other things, registration and licensing restrictions
on persons possessing sawed-off shotguns or rifles, machine guns, gun mufflers,
or gun silencers.
So to repeat, the 1934 and 1938 laws were replaced and updated by the law
passed in 1968. In fact, the 1968 law removed some of the registration features
in favor of mail order bans and emphasized more effective action at the State
and local levels.
2 . The Mansfield-Bennett Amendment struck down an ammunition regulation never
intended by Congress.
(A) In its application of the so-called ammunition prov1s1on, the
Treasury Department called for the collection of a great deal of specific
data covering each sale of ammunition. This was tantamount to registration
and was neither intended nor suggested by Congress. As a result, the law­abiding
gun-owning public was burdened immensely in efforts to purchase
ammunition . There was little or no correspond i ng benefit. The Mansfield­Bennett
Amendment repealed this provision for long gun and shotgun ammunition.
Such action should be taken whenever the intent of Congress is not being served
or when the law appears not to meet the objectives sought.
(B) The McGee-Mansfield Amendment to cover twenty-two ammunition and
ammunition for other revolvers and pistols has been introduced and co-sponsored
by twenty-nine other Senators to seek to do the same in this area as the
Mansfield-Bennett Amendment did in the long gun - shotgun area. It is our
hope that, like the Mansfield-Bennett Amendment, the McGee-Mansfield Amendment
will be passed by the Congress this year and enacted into law.
3· The Mansfield mandatory jail sentence bill is another tool in the fight against
crime and violence.
Almost three-fourths of the Senate supported the 196 8 gun law revisions
to help fight against crime and violence. The Mansfield gun bill is another
vital crime-fighting tool and, if enacted, will impose mandatory prison sentences
against those who commit crimes using a gun. This mandatory sentence would be
imposed separately and solely against the criminal for his choice to use a gun.
This bill - s. 849 - has already passed the Senate unanimously.
Mike Mansfield Papers, Series 21, Box 51, Folder 20, Mansfield Library, University of Montana
4. These gun laws have been uphel d under t he Seconi Amendment to the Constitution.
The Second Amendment says, "A well regulated Militia, being necessary to
the security of a free State , t he right to bear arms, shall not be infringed."
As read by t he Courts t his Amendment bars the Federal government from disarming
l aw-abiding citizens who wish to purchase and use ordinary weapons in order to
shoot and to hunt, to protect themselves and others and to protect their
property and the property of others.
But the Second Amendment does not say---and the Courts have so read it--­that
the Federal government and even State governments cannot impose reasonable
requir ements in an effort t o keep guns out of the hands of the lawless, the
criminal, the i nsane, t he addi ct, and so forth. That is wnat the government--­Federal,
St ate and local---has been striving to do since at least 1934. It is
the same for those who own cars, and other instrumentalities that---if not
properly used or cared for---can cause harm.
5· Guns cannot think; but t he people who use them can.
And, unfortunately, some people in some parts of this Nation simply do not
have t he training and supervision---so commonplace in Montana---that enable
t hem to think prudently when given a gun. It was the easy access afforded t o
these unthinking and untrained people that was sought to be limited by updating
in 1968 laws t hat had first bee~ enacted in the 1930's . The changes made by
the Congress in 1968 do attempt to meet this problem of easy access and do so
with generally little sacrifice on the part of the responsible gun owner; no
more, say, than what is asked of the responsible automobile driver . Those
changes halt mail-order traffic; t hey provide t hat drug addicts, incompetents,
the l a\vle s s , t he insane be barred along with criminals from gun ownership and
they i nsure that State and local laws be made enforceable. These changes were
all endorsed by the Federal Bureau of Investigation and the National Police
Chief Association.
6. \·fnat about the ar gument: "Guns kill---people don't?"
I People using guns do kill---and rob and maim and assault. These are
unthinking misfits who don't deserve any rights when seeking to obtain weapons.
They should not be permitted access to guns . The 1968 law is aimed solely at
them.
(People using guns in 1968 alone committed 99,000 robberies, 65,000
assaults and 9,000 murders.)
1· The proper funct ion of the Gun Crime Law.
The proper function of the gun control legislation should be to cope with
crime and violence while not treading on the rights of those legitimately using
guns. This was the intent of Congress in passing the Gun Control Act of 1968.
I believe in a continuous review of this Act and all other gun laws and for the
el i mination of t hose portions of this legislation which prove only an annoyance
to decent citizens, and are not useful weapons against crime. Already, Congress
has been able to eliminate certain portions of the Act which were shown as
ineff ective deterrents to crime; as, for example, the Bennett-Mansfield Amendment
for repeal of the ammunition section of the 1968 Gun Crime Law for long guns and
shotguns and, hopefully, the McGee-Mansfield Amendment which, if adopted, will
r epeal the ammunition provisions for .22 caliber.
Mike Mansfield Papers, Series 21, Box 51, Folder 20, Mansfield Library, University of Montana
MANSFIELD FIGHTS CRIME, FILTH AND VIOLENCE
Among the gravest issues facing our nation are the r~s~ng levels
of crime, violence and pornography. They affect critically all sectors
of society and ravage principally those who visit and reside in our densely
populated metropolitan areas . These are national problems. All citizens
in every corner of the nation must join the fight . To combat crime, curb
violence and bring an end to the filth that is allowed into our homes will
take the most dedicated efforts .
For his part in this fight, Senator Mansfield has endeavored to
assi st in three ways: First, he has himself authored or principally sponsored
bold and imaginative crime-fighting and anti-obscenity proposals; secondly,
with his vote, he has supported every major anti-crime and anti-pornography bill
to come before the Senate, and, finally, as the Majority Leader of the Senate,
he has helped to assure already Sen~te passage of nearly all major crime and
pornography measures pending in the Congress .
MANSFIELD ANTI -CRIME AND PORNOGRAPHY PROPOSALS
1. Mandatory Sentences for Gun Crimes . The Mansfield Mandatory sentence
bill would deter the use of weapons by t he criminal. It would impose
mandatory jail sentences for the criminals choice to use a gun in
committing his crime and the sentence would be served in addition to
t he term served for t he crime itself . This bill, s. 849, has passed
t he Sen~te unanimously . The crime law planned for the District of
Columbia has also adopt ed the Mansfield Mandatory Sentence approach .
2. The Hruska-Mansfield Prison Reform Measure (s. 2875) calls for a major
overhaul of our penal institutions to convert them from graduate schools
for crime and violence to institutions where criminals can be truly
rehabilitated .
3. The Hansfi e l d Anti-Pornography Proposal ( S. 3220) would compel mailers
of obscenity to warn addressees of the potential pornographic nature
of t he enclosures. Recipients could return t he offensive material and
t he sender would be penalized. Hearings on this Mansfield bill are
scheduled before the Senate Post Office Committee.
Mike Mansfield Papers, Series 21, Box 51, Folder 20, Mansfield Library, University of Montana
THE SENATE 'S ANTI -CRIME AND PORNOGRAPHY RECORD UNDER 'lliE LEADERSHIP OF
SENATOR MANSFIELD includes the following achievements:
1968 Gun Crime Law - updated and replaced 30-year-old gun laws in an
effort to keep guns out of the hands of the lawless, the criminal, the
addict, the untrained and the incompetent;
Omnibus Crime Control and Safe Streets Act of 1968 - established broad
new programs of law enforcement assistance at all levels of government;
Commission on Noxious and Obscene Materials (P.L. 90-100) - created to
initiate new and effective controls over pornography;
Goldwater-Mansfield Anti-Obscene Mail Amendment - to the Postal Reform
Act (H.R. 17923);
Organized Crime Control (s. 30);
Drug Bill (s. 2637, s. 3246);
District of Columbia Court Reorganization (S. 2601);
Public Defender, District of Columbia (s. 2602);
Criminal Law Revision, District of Columbia (s. 2869);
Juvenile Code, Revision (s. 2981);
Omnibus Judgeship Bill (s. 952);
Federal Immunity of vlitnesses (S. 2122);
Sources of Evidence (s. 2292);
Corrupt Organizations Act (s. 1861);
Criminal Justice Act Amendments (s. 1461).
As these measures take hold, only time will tell the extent to which they
help to stem or even reverse the crime rate. In any event, proposals to fight
crime, to curb violence and to put the lid on filth and obscenity will continue
to be foremost on the Mansfield agenda.
Mike Mansfield Papers, Series 21, Box 51, Folder 20, Mansfield Library, University of Montana